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Halpern, Santos & Pinkert, P.A. Attorneys at Law Florida Personal Injury Attorney
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Can Manufacturers Be Sued When Loose Lithium-Ion Batteries Explode?

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A wide range of products, including flashlights and laptops, use lithium-ion batteries for power. Nevertheless, there have been numerous reports of serious injuries due to burns caused by loose lithium-ion cylindrical batteries that have made contact with metallic items such as keys or coins carried in someone’s pocket. The case of Franceschi v. LG Chem, Ltd. from Nevada is one such case that brings to light the issue of liability of battery manufacturers in the event of an exploding lithium-ion battery.

Background of the case 

Franceschi v. LG Chem, Ltd. concerned allegations that the plaintiff had bought an individual 18650 lithium-ion battery from a vape store. It was alleged that afterward, he carried the battery in his pocket, and it touched certain metallic items. As a result, the battery was involved in a process called thermal runaway, which led to its explosion and caused severe burns to the plaintiff.

According to the claims, the battery was manufactured by LG Chem and was never intended to be sold to consumers as a standalone item for use in e-cigarettes and other consumer devices. Rather, the battery was intended to be used in battery packs with appropriate safety circuits.

The plaintiff sued the manufacturer for product liability claims.

The Nevada Supreme Court’s decision 

The main question in the case involved jurisdiction over LG Chem in Nevada. The Nevada Supreme Court assessed whether there were sufficient ties between LG Chem and Nevada for the defendant to defend the suit in the state. In the end, it turned out that there were sufficient grounds for the plaintiff to sue with respect to jurisdiction.

The case does not establish the defendant’s liability; rather, it shows that foreign manufacturers can be asked to defend themselves against allegations of causing injuries in U.S. courts.

Product liability in battery explosion cases 

Battery explosion lawsuits generally make similar claims. A lawsuit may concern a design defect, in which the plaintiff alleges that the battery’s design poses an unreasonable risk of thermal runaway under foreseeable circumstances. There can be allegations that there was no sufficient warning of the danger of keeping such batteries loose with metallic objects near them.

A manufacturing defect claim would mean that a particular battery deviated from its intended design due to a manufacturing flaw. In addition, the defendant can be held liable for selling batteries to consumers even though they were intended only for industrial use.

Liability does not necessarily end with the battery maker; retailers, distributors, importers, or vape shops may also be liable for selling batteries without the necessary packaging or warnings.

Talk to a Lithium-Ion Battery Explosion Lawyer Today 

Halpern, Santos & Pinkert represent the interests of those injured by exploding and defective lithium-ion batteries. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin preparing your case right away.

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